The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense. Given the large quantity of drugs possessed by defendant, their packaging, and the police observation of defendant making what appeared to be a sale immediately prior to his arrest, there was no reasonable view of the evidence to support a finding that defendant's possession was without intent to sell (see People v Scarborough,
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PEOPLE v. TINEO
16 A.D.3d 165 (2005)
790 N.Y.S.2d 452
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD TINEO, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 8, 2005.
March 8, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
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